LRB-3551/1
RLR:rs&cjs:jf
2001 - 2002 LEGISLATURE
November 16, 2001 - Introduced by Representatives Suder, Bies, J. Fitzgerald,
Freese, Gronemus, Grothman, Gunderson, Hahn, Kestell, Krawczyk,
Ladwig, Lassa, Leibham, McCormick, Musser, Nass, Olsen, Ott, Owens, Riley,
Starzyk and Sykora, cosponsored by Senators Darling, Harsdorf, Kanavas,
Roessler and Schultz. Referred to Committee on Criminal Justice.
AB640,1,4
1An Act to create 939.626 and 946.51 of the statutes;
relating to: fleeing to this
2state to avoid prosecution for a serious sex offense in another jurisdiction,
3committing a serious sex offense in this state after fleeing prosecution in
4another jurisdiction, and providing penalties.
Analysis by the Legislative Reference Bureau
Current law provides various penalties for serious sex offenses as well as
various penalty enhancers for committing a serious sex offense after having been
convicted previously of such an offense. This bill creates a new penalty and a new
penalty enhancer that apply to persons who flee to this state from other jurisdictions
to avoid prosecution for serious sex offenses. Specifically, the bill does the following:
1. Prohibits a person from entering or remaining in this state with the intent
to avoid prosecution, sentencing, or incarceration in another jurisdiction for a crime
in that jurisdiction that is comparable to a serious sex offense in this state. A person
who violates this prohibition may be fined not more than $10,000 or confined for not
more than nine months or both. The bill provides that a person may be prosecuted
for this new offense only if the jurisdiction from which he or she fled refuses to have
the person returned to the jurisdiction for prosecution, sentencing, or incarceration.
2. Provides that the maximum term of confinement for a serious sex offense
committed in this state may be increased by not more than two years if the person
committed the offense in this state after fleeing prosecution, sentencing, or
incarceration in another jurisdiction for a crime in that jurisdiction that is
comparable to a serious sex offense in this state.
The serious sex offenses covered by the bill include sexual exploitation by a
therapist, sexual assault, incest, sexual assault of a child, sexual exploitation of a
child, causing a child to view or listen to sexual activity, incest with a child, child
enticement, soliciting a child for prostitution, exposing a child to harmful material
or harmful descriptions or narrations, and false imprisonment, kidnapping, or
abduction of a child.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB640, s. 1
1Section
1. 939.626 of the statutes is created to read:
AB640,2,7
2939.626 Increased penalty; committing a serious sex offense after
3fleeing prosecution elsewhere. (1) In this section, "serious sex offense" means
4a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s.
5940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055,
6948.06, 948.07, 948.08, 948.11, or 948.30 or, if the victim was a minor and the person
7was not the victim's parent, of s. 940.30 or 940.31.
AB640,2,9
8(2) The maximum term of imprisonment for a serious sex offense may be
9increased by not more than 2 years if all of the following apply:
AB640,2,1510
(a) Before committing the serious sex offense for which he or she is being
11sentenced, the person entered this state with the intent to avoid being prosecuted in
12another jurisdiction for an alleged violation of a law of the other jurisdiction that is
13comparable to a serious sex offense or with the intent to avoid being sentenced or
14incarcerated in another jurisdiction for a conviction of an offense in the other
15jurisdiction that is comparable to a serious sex offense.
AB640,2,1916
(b) At the time the person committed the serious sex offense for which he or she
17is being sentenced, the person had not returned to the jurisdiction from which he or
18she fled under par. (a) to face prosecution, sentencing, or incarceration in that
19jurisdiction.
AB640, s. 2
1Section
2. 946.51 of the statutes is created to read:
AB640,3,7
2946.51 Avoiding prosecution for serious sex offense in another
3jurisdiction. (1) In this section, "serious sex offense" means a violation, or the
4solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1),
5(2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08,
6948.11, or 948.30 or, if the victim was a minor and the person was not the victim's
7parent, of s. 940.30 or 940.31.
AB640,3,9
8(2) Subject to sub. (3), whoever does any of the following is guilty of a Class A
9misdemeanor:
AB640,3,1210
(a) Enters or remains in this state with the intent to avoid being prosecuted in
11another jurisdiction for an alleged violation of a law of the other jurisdiction that is
12comparable to a serious sex offense.
AB640,3,1513
(b) Enters or remains in this state with the intent to avoid being sentenced or
14incarcerated in another jurisdiction for a conviction of an offense in the other
15jurisdiction that is comparable to a serious sex offense.
AB640,3,18
16(3) No person may be charged with and prosecuted for a violation of sub. (2)
17unless the prosecutor has requested the jurisdiction from which the person fled to
18extradite the person under s. 976.03 and the jurisdiction has refused to do so.
AB640,3,2120
(1) This act first applies to offenses committed in this state on the effective date
21of this subsection.
